KANJIBHAI MAVJIBHAI KALSARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 5th December, 1998 passed by the learned Addl. Sessions Judge, Valsad at Navsari in Sessions Case No. 28 of 1994 whereby, the appellant was convicted for the offences punishable u/s. 201, 392 & 302 of the Indian Penal Code, 1860 [for short, "the I.P.C."]. For conviction u/s. 201 of I.P.C., the appellant was sentenced to undergo Rigorous Imprisonment for a period of Five Years with fine of Rs.2000/- and in default of payment of fine, Rigorous Imprisonment for a further period of Nine Months; while for conviction u/s. 392 of I.P.C., the appellant was sentenced to undergo Rigorous Imprisonment for a period of Five Years with fine of Rs.2000/- and in default of payment of fine, Rigorous Imprisonment for a further period of Nine Months. For conviction u/s. 302 of I.P.C., the appellant was sentenced to undergo imprisonment for Life with fine of Rs.5000/- and in default of payment of fine, Rigorous Imprisonment for a further period of One Year. All the sentences were ordered to run concurrently. The appellant was also given the benefit of set-off.

(2.) The brief facts of the prosecution case are as under;

(3.) The prosecution has examined in all forty six witnesses viz. PW 1 Dr. Harshadbhai Balwantrai at Exhibit 23, PW 2 Dineshbhai Manilal at Exhibit 24, PW 3 Hemantbhai Hiralal Maisuriya at Exhibit 25, PW 4 Nandlal Madhabhai at Exhibit 27, PW 5 Kamlaben Harishbhai at Exhibit 28, PW 6 Babubhai @ Arvindbhai Mannilal at Exhibit 31, PW 7 Arvindbhai Mathurbhai Pandav at Exhibit 32, PW 8 Jayantilal Ramanlal Gandhi at Exhibit 37, PW 9 Rakeshbhai Arvindbhai at Exhibit 38, PW 10 Vijaybhai Nathalal Kalsaria at Exhibit 39, PW 11 Dr. Meghrekha Hasmukhbhai Mehta at Exhibit 41, PW 12 Chetanbhai Amrutlal at Exhibit 49, PW 13 Shaileshbhai Ranjitsinh Vasiya at Exhibit 53, PW 14 Jaswantbhai Motilal Mehta at Exhibit 56, PW 15 Rameshbhai Mohandas Patel at Exhibit 59, PW 16 Mukeshbhai Manilal Gandhi at Exhibit 62, PW 17 Kantibhai Jethabhai Solanki at Exhibit 69, PW 18 Dhirajbhai Ranchhodbhai at Exhibit 72, PW 19 Dr. Iliaz Isar Mohd. Sheikh at Exhibit 78, PW 20 Om Prakash Gautamprasad Tripathi at Exhibit 79, PW 21 Nathalal Madhabhai Kalsaria at Exhibit 91, PW 22 Dhanjibhai Shamjibhai at Exhibit 92, PW 23 Dr. Rakeshbhai Narendranath Tandon at Exhibit 95, PW 24 Kaushikbhai Jayantilal Amin at Exhibit 98, PW 25 Rohitbhai Fulchand Shah at Exhibit 99, PW 26 Dineshbhai Nagindas Kapadia at Exhibit 101, PW 27 Rameshbhai Chotubhai Bharucha at Exhibit 102, PW 28 Thakorbhai Kalidas at Exhbit 103, PW 29 Somabhai Shivram Prajapati at Exhibit 104, PW 30 Girishbhai Thakorbhai Parmar at Exhibit 109, PW 31 Manibhai Atmarram Patel at Exhibit 111, PW 32 Jayantibhai Joitaram at Exhibit 112, PW 33 Dharamsinh Rudabhai at Exhibit 113, PW 34 Jayeshbhai Mohanlal Bhavsar at Exhibit 115, PW 35 Shanabhai Dahyabhai at Exhibit 122, PW 36 Vasantbhai Ranchhodbhai Patel at Exhibit 124, PW 37 Arvindbhai Mangaldas Shah at Exhibit 125, PW 38 Pravinbhai Mohanlal Shah at Exhibit 128, PW 39 Hasumatiben Haribhai Saler at Exhibit 141, PW 40 Vinaybhai Harishbhai Shukla at Exhibit 145, PW 41 Raijibhai Manabhai at Exhibit 148, PW 42 Jasuben Desaibhai Chaudhary at Exhibit 153, PW 43 Jaswantbhai Budhabhai Patel at Exhibit 155, PW 44 Henry Julius Kin at Exhibit 158, PW 45 Dipakbhai Raghunath Chauhan at Exhibit 168 and PW 46 Bharatsinh Prabhatsinh Sarvaiya at Exhibit 181.